A Hayward woman was convicted of second-degree murder today for her role in the fatal shooting of a man in unincorporated Hayward four years ago. Jurors deliberated for about three and a half days before announcing their verdict against 30-year-old Andrea McFall.
McFall and her former boyfriend, Alexis Ericiga, 25, of Hayward, the alleged shooter, were arrested for the death of Mahmoud Wahba, 62, of Hayward.
Wahba was found unresponsive behind the wheel of a car outside a Bank of America ATM at 24548 Clawiter Road at 4:38 a.m. on Sept. 28, 2013. Wahba was taken to a local hospital, where doctors who treated him for head injuries discovered that he had suffered a gunshot wound and was in critical condition, according to police. He died from his injuries the next day.
According to the evidence that was presented at McFall’s trial, Wahba, an immigrant from Egypt who became naturalized citizen, was a part-time cabdriver. When McFall was interviewed by Hayward police she alleged that during a previous trip Wahba had touched her leg inappropriately and Ericiga got angry about it and threatened to kill Wahba when he found out about it.
The evidence indicates that McFall and Ericiga were methamphetamine users who were looking for money to get to Mexico and McFall called Wahba at about 3 a.m. on Sept. 28, 2013, and told him that her car was broken down at the Bank of America parking lot. The call was placed so that she and Ericiga could lure him there to rob him of any cash he had on him. McFall admitted during her trial that she called Wahba but said she had been coerced by Ericiga to do so and she wasn’t part of a plan to rob him and didn’t know that Ericiga would harm Wahba.
She said she initially told police that she was part of a plot to rob Wahba only because that’s what she believed police wanted her to say. Although authorities believe Ericiga is the person who fatally shot Wahba, prosecutor Jason Sjoberg asked jurors to convict McFall of murder both under the felony murder rule for being an accessory to the fatal shooting and under an implied malice theory because Sjoberg believes McFall knew it was likely that Ericiga would harm Wahba.
Defense attorney William DuBois told jurors that McFall should only be convicted of manslaughter. Jurors found McFall not guilty of first-degree murder and the special circumstance of murder during the course of a robbery but found her guilty of the lesser charge of second-degree murder.
DuBois said he’s “slightly disappointed” with the jury’s verdict because he doesn’t think McFall knew what would happen. But Sjoberg said he thinks the jury’s verdict was “fair” and hopes that it might bring some closure to Wahba’s family. McFall faces a state prison term of 15 years to life when she’s sentenced by Alameda County Superior Court Judge Leo Dorado on Dec. 7.
Ericiga, who’s charged with murder and murder during the course of a robbery, is scheduled to return to court on Oct. 4 to have his trial date set. Sjoberg said the cases of Ericiga and McFall were severed because they implicated each other in the statements they gave to police.
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